Is a Beverly Anns Cookie franchisee allowed to disclose the Brand Manual to third parties?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
atory and suggested specifications, operating procedures, and quality standards for goods, products, services, that you use or offer at your Franchised Business; (iii) policies and procedures we prescribe from time to time for our franchisees; (iv) mandatory reporting and insurance requirements; (v) policies and procedures pertaining to any gift card program we establish; and (vi) a written list of furniture, fixtures, equipment, products and services (or specifications for such items) you must purchase for the development and operation of your Franchised Business and a list of any designated or approved suppliers for such items. The Brand Manual establishes and protects our brand standards and the uniformity and quality of the products and services offered by our franchisees. We can modify the Brand Manual at any time. The modifications will become binding as soon as we send you notice of the modification. All mandatory provisions in the Brand Manual (whether they are included now or in the future) are binding on you.
In addition, if you lose, give away, make unauthorized copies, fail to return or otherwise misappropriate, all or some of the Brand Manual, you will be required to pay us liquidated damages to offset the damages
we will incur as a result of this misappropriation. These
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, franchisees are restricted from disclosing the Brand Manual to third parties. If a franchisee loses, gives away, makes unauthorized copies, fails to return, or otherwise misappropriates the Brand Manual, they will be required to pay liquidated damages to Beverly Anns Cookie.
The liquidated damages are calculated based on Beverly Ann's Cookie's total revenue from the previous fiscal year, multiplied by a fraction. The fraction is derived by dividing one by the current number of Beverly Ann's Cookie Truck franchisees as of the date of the misappropriation. However, the minimum liquidated damages fee is $30,000.
Beverly Anns Cookie may choose to post the Brand Manual on a restricted website or extranet, providing franchisees with access. In this case, franchisees must monitor the website or extranet for updates to the Brand Manual or System standards. Any passwords or digital identifications required to access the Brand Manual are considered Confidential Information. This policy is designed to protect Beverly Ann's Cookie's reputation and goodwill, while franchisees remain responsible for the day-to-day operations of their franchised business.